Justice Gorsuch Sparks a Jury Trial Revolution on the Supreme Court

📝Summary:

Justice Neil Gorsuch has emerged as the leading advocate—and architect—of a sweeping expansion of the right to jury trial under the U.S. Constitution. In a SCOTUSblog feature by Rory Little, Gorsuch’s judicial philosophy is examined through a series of landmark rulings and dissents that increasingly emphasize jury fact-finding across both criminal and civil matters.

The article outlines several pivotal cases:

• In Ramos v. Louisiana (2020), Gorsuch authored the majority opinion, ruling that criminal convictions must be unanimous, thereby overturning decades of precedent allowing split verdicts in some states.

• He dissented in Khorrami v. Arizona, criticizing the use of eight-member juries and asserting that the Sixth Amendment demands a trial by twelve jurors drawn from the community.

• In SEC v. Jarkesy, Gorsuch upheld a defendant’s Seventh Amendment right to a jury trial in civil penalties imposed by the SEC—arguing that such administrative adjudications resemble common-law suits.

• His most transformative influence surfaced in Erlinger v. United States, decided in the 2023–24 term, where Gorsuch (writing for a majority) held that any fact essential to sentencing under the Armed Career Criminal Act must be decided by a jury. He declared there is “no efficiency exception to the Fifth and Sixth Amendments.”

These cases reflect Gorsuch’s deep textualist and originalist commitment: he interprets the Constitution to guarantee jury fact-finding broadly, not just in narrow contexts like statutory maxima determinations. As Little puts it, Gorsuch’s perspective could impose constitutional requirements that many routine sentencing facts be presented to juries—potentially reshaping criminal procedure nationwide.

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⚖️ Key Legal Outcomes

• Ramos (2020): Enforced jury unanimity as a constitutional requirement in felony cases for state convictions. Wikipedia

• SEC v. Jarkesy: Recognized the Seventh Amendment right to jury trials in certain civil enforcement proceedings. SCOTUSblog+2Wikipedia+2SCOTUSblog+2

• Erlinger (2023–24 term): Ruled sentencing facts must be proved to juries—even those beyond statutory maxima. SCOTUSblog+1SCOTUSblog+1

• Khorrami dissent: Advocated for 12-person juries as the constitutional norm. Reuters

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❗ Why It Matters

• Signals a revolution in jury rights, potentially mandating jury trials for many more sentencing determinations.

• Represents a legal framework prioritizing jury judgment over judicial discretion, even when efficiency is compromised.

• Reinforces Gorsuch’s role as a key defender of jury trial principles—perhaps more consistent than any sitting justice.

• Poses operational challenges: courts, prosecutors, and legislatures may need to restructure longstanding practices.

• Reflects a broader judicial philosophy emphasizing constitutional rigor over administrative convenience.

 

SCOTUSblog

Published July 24, 2025

 

🔍 Tags

Neil Gorsuch jury trial, Erlinger Supreme Court, SEC v Jarkesy jury, Ramos unanimous jury, Sixth Amendment expansion, Jarkesy Seventh Amendment, Khorrami dissent, criminal sentencing jury rights